Arizona Motion to Bar Use of Certain Aggravating Circumstances
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FAQ
In the event of three strikes, the defendant becomes ineligible for probation, release, pardon or sentence suspension until they have served at least 25 years of their prison sentence.
13-702 - First time felony offenders; sentencing; definition. A. Unless a specific sentence is otherwise provided, the term of imprisonment for a first felony offense shall be the presumptive sentence determined pursuant to subsection D of this section.
Typically, the presence of an aggravating circumstance will lead to a harsher penalty for a convicted criminal. Some generally recognized aggravating circumstances include heinousness of the crime, lack of remorse, and prior conviction of another crime.
13-707 - Misdemeanors; sentencing. A. A sentence of imprisonment for a misdemeanor shall be for a definite term to be served other than a place within custody of the state department of corrections.
A. A sentence of imprisonment for a felony shall be a definite term of years and the person sentenced, unless otherwise provided by law, shall be committed to the custody of the state department of corrections.
The defense must provide uncontroverted, credible evidence tending to prove mitigation. Aggravating circumstances include prior convictions, grave risk of danger, murder with pecuniary gain, inmate murders, especially heinous or depraved murders, and prior felony crimes of violence.
Aggravating circumstances include prior convictions, grave risk of danger, murder with pecuniary gain, inmate murders, especially heinous or depraved murders, and prior felony crimes of violence.
